In future, it will be much more difficult for Danish companies to make use of special restrictive covenants in connection with hiring employees. That will be the result if a new bill on restrictive employment covenants is adopted. The bill includes a tightening of the rules on the use of non-competition and non-solicitation clauses whereas non-hire clauses will practically be prohibited.On the face of it, the new rules will provide more flexibility for the employees ...
In Quebec, it is possible to find materials and products containing asbestos in civil engineering works, construction materials, facilities and equipment in all types of buildings, whether industrial, commercial, public or residential ...
The Supreme Court issued its much anticipated opinion in Mach Mining v. Equal Employment Opportunity Commission1 yesterday, unanimously holding that whether the EEOC satisfied its statutory duty to conciliate Title VII charges of discrimination prior to filing suit is an issue subject to judicial review ...
Practical Law Company has published a table on drug/substance abuse testing of employees, which sets out whether or not employers can carry out drug/substance abuse testing on employees both before they are employed, and during their employment in 28 jurisdictions. Jurisdictions covered include Brazil, Canada, China, Cyprus, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others ...
On April 1, the Securities and Exchange Commission (“SEC”) brought its first enforcement action based on confidentiality agreements that the SEC alleged had the potential to “stifle the whistleblowing process.” Houston-based company KBR, Inc. (“KBR”), agreed to pay $130,000 as a civil penalty for including impermissible restrictions in confidentiality agreements signed by witnesses during internal investigations ...
Registration of an aircraft: Civil aircraft are registered in the Civil Aircraft Register maintained by the State Aviation Administration of Ukraine (SAAU). Application for an aircraft's registration may be submitted by the owner of an aircraft or a person authorised by the owner. Record of person's ownership in the Civil Aircraft Register does not evidence title to an aircraft. Information recorded in the Civil Aircraft Register is published on the SAAU's website ...
Practical Law Company has published a table on rates of tax on employment income, which sets out the rates of taxation applied to employment income in 28 jurisdictions. Jurisdictions covered include Canada, China, Cyprus, England, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others. Content is accurate as of December 1, 2014 ...
In the recent judgment of “The Owners of the mv “Silver Star” v Hilane Limited”*, several important principles were established, namely: Full effect must be given to the right to proceed against an associated ship of a charterer in respect of a maritime claim that arises in the course of the Charter ...
SUMMARYTHE SALE OF A BUSINESSGETTING READY TO SELL YOUR BUSINESS : ENVIRONMENTAL ISSUESTHE SALE OF A BUSINESS
Following the key judgments inFarber1 andCabiakman2 , thePotter3 judgment rendered on March 6, 2015 by the Supreme Court of Canada (the “Court”) emerges as another indispensable judgment in employment law. In this judgment, the Court decided that the administrative suspension with pay of an employee must be justified and reasonable, or otherwise it will, in most cases, constitute a constructive dismissal. THE CONTEXT Mr ...
Children are precious, and their health, safety and well-being are at the very heart of childcare providers’ responsibilities. Several actors work with or alongside children on a daily or occasional basis in order to provide them care and education. In selecting people who work with children, providers collect and use a great deal of information about them, including their studies, experience, qualifications and abilities ...
Vol. XII, Issue 4 of the Employment & Immigration Update includes the following articles:Doing Business: 2015Gender Equality in the WorkplaceStrengthening TripartismRecent Immigration Advisory and CircularsThe issue also contains information on recent Supreme Court decisions, labor and immigration news and circulars, and SyCipLaw updates.Download the Employment & Immigration Update 2014 4Q ...
Practical Law Company’s Employment and employee benefits: Philippines Q&A Guide has now been published online and is available to access or download as PDF. The Guide was contributed by SyCipLawEmployment & Immigration Department Head Luisito V. Liban ...
The Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Culture jointly issued a Notice on the Relevant Formalities for Foreigners Entering China for Completing Short-Term Work Assignment (for Trial Implementation) ("Notice") on 6 November 2014 which provides for new visa and residence requirements on foreigners entering and staying in China for work for no more than 90 days ...
SyCip Salazar Hernandez & Gatmaitan has updated the Philippine Chapter of the International Background Checks Summaries. Published by the Employment Law Alliance, it is a free online resource guide that provides clients and ELA-registered website users with the general requirements and practices for conducting background checks on potential employees in selected countries around the world.Register to access this free resource ...
In a policy shift aimed at providing families with more economic flexibility during the often lengthy green card application process, the U.S. Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants seeking employment-based lawful permanent resident status will be eligible to apply for employment authorization ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
A recent decision1 by the Commission des relations du travail (“CRT”) highlights the plight of an employer faced with an employee who oversold his abilities during the job interview and later proves incapable of delivering on his promises. In this case, Laurentian Bank Securities inc. (“Laurentian”) successfully defended against a claim for dismissal without good and sufficient cause filed by a former employee. The facts of the case are commonplace ...
On January 30, 2015, in the Saskatchewan Federation of Labour v. Saskatchewan (2015 SCC 4) decision, the Supreme Court of Canada further clarified the scope of the rights of workers pursuant to section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”). Indeed, in its 2007 decision better known as B.C. Health ([2007] 2 S.C.R ...
Last January 14, the Communications and Transportation Ministry published the prequalification rules pertaining the international open tender number PO-009000988-N1-2015 awarding the construction of a high speed train project that will run in the route Mexico, D.F. - Santiago de Querétaro, Querétaro, including the definitive executive program, construction, supply, set up and extended testing of a railway track, rolling stock, equipment, systems and other components ...
Self-driving cars are still years away, but technological advances are making vehicles safer and more personalized right now. Here’s what that means for the industry. If you’re on the streets of Northern California in the next few months, you might pass a tiny car that looks like a smiling kid’s toy. It may be cute or creepy, depending on your perspective, but to some it’s a vision of the future: a Google-made, self-driven car ...
In Commission des normes du travail v. Compagnie d'assurances Standard Life du Canada,1 (the “Standard Life of Canada case”), the Court of Québec allowed an employer to file a counterclaim against an employee in the context of proceedings instituted by the Commission des normes du travail (“CNT”) on behalf of that same employee ...
In a unanimous decision dated November 17, 2014,1 the Court of Appeal of Québec held that the procedural fairness rules applicable in administrative and public law do not apply in the context of a psychological harassment investigation conducted by an employer. As a result, the Court set aside the judgment of the Court of Québec ordering the lawyer who conducted the investigation to pay $3,000 in damages ...
In recent weeks the US Department of Justice and U.S. Environmental Protection Agency announced a substantial settlement with the car manufactures Hyundai and Kia. The car manufacturers agreed to pay $100 million penalty as a settlement, arising from a complaint that the car companies sold nearly 1 ...
